Terms of Service
As Revised 1/1/2019
By virtue of your use of Toro Performance, LLC Services (website, coaching, training programs, nutrition services) – you confirm your agreement to the terms contained in this waiver and release from liability agreement (the “Agreement”).
1. You hereby attest that a licensed medical doctor has given you clearance to undertake extremely strenuous physical activity, including maximal effort training and athletic competition.
2. You understand the risks inherent in triathlon and endurance sport training, including (but not limited to) cycling on roads open to traffic, pool swimming, open water swimming, road running, trail running and high volume endurance training.
3. You fully understand the risk inherent in undertaking a fitness program and accept for yourself, your heirs, and your personal representatives full responsibility for personal bodily injury, death, or property losses that may occur as a result of my being a part of this program or engaging in training sessions.
4. Intellectual Property: You understand that the training provided to you (via TrainingPeaks, email, text message, phone or in person) is the intellectual property of Toro Performance, LLC & when your coach-athlete relationship is severed, Toro Performance retains the right to their intellectual property. Workouts uploaded to TrainingPeaks are the intellectual property of Toro Performance, LLC & sharing/copying without their consent is a violation of the law.
5. Cancellation Policy: Toro Performance, LLC requires a 4-month minimum commitment to coaching & requires 30-Day notice to cancel your training protocol. The athlete is responsible for one final monthly payment if 30-Day notice is not given before the coach/athlete relationship is severed.
6. Late Fee: Athletes are subject to a 10% late payment fee if their coaching payment is not received by its due date.
7. Indemnity, Waiver and Release From Liability: You hereby indemnify, hold harmless, waive and release from liability Toro Performance, LLC, its directors, officers, employees, associates and assigns from any loss, liability, damage and cost you may incur due to your participation in the Toro Performance training program or services.
8. Intent: You affirm that it is your express intent to indemnify, hold harmless, waive and release from liability Toro Performance, LLC, its directors, officers, employees, associates and assigns from any loss, liability, damage and cost you may incur due to your participation in this program. You further affirm that your express intent is made with full knowledge and awareness of its consequences. You further affirm that it is your strongest wish and desire that your intent be binding on yourself.
9. Total Agreement: You confirm to have read and voluntarily agreed to this waiver and release from liability, and further agree that no oral representations, statements or inducements apart from the foregoing written agreement have been made.
10. Governing Law: This Agreement has been made, delivered and is intended to be performed in the State of Arizona, USA and shall be construed in accordance with the laws of the State of Arizona.
11. Severability: If a court of competent jurisdiction finds any provision of this Agreement to be invalid or unenforceable, then such offending provision shall, if feasible, be deemed to be modified to be within the limits of enforceability or validity; however, if the offending provision cannot be so modified, it shall be stricken and all other provisions of this Agreement in all other respects shall remain valid and enforceable.
12. Integration: This Agreement and its terms and provisions constitute the entire agreement of the Parties and a complete merger of all prior negotiations and agreements, which are hereby expressly superseded by this Agreement. This Agreement shall not be changed, modified or amended and no waiver of any provision of this Agreement shall be effective except by written instrument, specifying that it amends this Agreement and signed by the Parties or their authorized representatives.
13. Costs: The prevailing party in any action arising out of, or related to, this Agreement shall be entitled to all attorney’s fees and expenses.
14. Headings: The headings of paragraphs herein are intended solely for convenience of reference and shall not control the meaning or interpretation of any of the provisions of this Agreement.